Jury clears man of raping woman in car

Press, 29 September 1988, Page 9

Jury clears man of raping woman in car

After deliberating for three hours, a jury in the High Court last evening found a man not guilty of raping a woman, aged 20, in a car in Hereford Street, outside the Occidental Hotel, in the early hours of April 9.

Mr Justice Williamson discharged the accused, Edison St Martin Rangi Smith, aged 25, a bone carver.

Mr Brent Stanaway, for the Crown, alleged that Smith had raped the woman while she was asleep in the back of the car after drinking wine. The trial began on Tuesday. Messrs Rupert Glover and Tony Garrett appeared for Smith.

Smith said in evidence that on the evening of April 8 he and friends went to the United Ser-

vice Hotel and from there to Flappers Nightclub at the Occidental Hotel.

As he walked past the open door of a car he saw a young woman who seemed to be vomiting or dry retching. She asked him to take her to the toilet and he assisted her down an alleyway. On their return to the car they started kissing and making small talk. Things led on from there, and they had sexual intercourse.

The woman consented and was “all for it.” She did not try to push him off, Smith said.

' In his address to the jury, Mr Glover said that members were, left with two completely conflicting stories. They did not have to believe either.

They had to be left in a reasonable doubt, and so

Smith had to be acquitted.

The woman herself had said that her behaviour on this night was not normal and that was supported by her friend. Her conduct was out of character. The Crown had made a great deal about her deep sleep in the back seat of the car, yet she claimed that she had had only four glasses of wine.

Her evidence was not so reliable that a man could be convicted of a serious crime, said Mr Glover. Smith had said that while he considered the encounter as unusual, there had been no reason for her to call the police because she had consented to what happened. He had nothing to fear. There had been quite a few people about at the time. Mr Glover said.